How does the FMLA affect my employer's benefits plans?

The Family and Medical Leave Act (FMLA) is a federal law that applies to employers in Wisconsin and throughout the United States. The law allows employees to take up to 12 weeks of unpaid leave in any 12-month period for certain qualifying events such as the birth or adoption of a child, or the care of a family member with a serious health condition. In order for employers to comply with the law, they must provide certain benefits to employees taking FMLA leave. This includes continued health insurance coverage, maintenance of any accrued and unused vacation or personal leave, and reinstatement of the employee to the same job or an equivalent job with the same benefits, pay, and other terms and conditions after the leave has ended. Employers must also maintain group health plan benefits and other employee benefits for employees on FMLA leave, as if the employee had not taken the leave. This means employees are entitled to the same benefits they had before the leave began, including the same eligibility rules. If an employer’s benefits plans are limited to a certain number of years, are age- or service-based, or are provided at the employee’s current level of compensation, the employee is still eligible for the same benefits under the FMLA. The FMLA also places limits on the ability of employers to deny benefit plans to employees who take leave. Employers may not discriminate against employees who take FMLA leave, and they may not retaliate against employees who exercise their rights under the law. Compliance with FMLA is an important part of maintaining a healthy and productive workplace.

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How does the FMLA affect my employer's benefits plans?

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